Illegal migrants could be stopped from using Human Rights Act to stay in UK
Illegal migrants could be excluded from using the Human Rights Act to remain in Britain under plans being considered by ministers in the event that the Supreme Court blocks the Government’s Rwanda policy.
Ministers are considering amending the Act, which enshrines the European Convention on Human Rights into domestic British law so that it no longer applies to illegal migration.
The move is part of a Plan B if the Supreme Court rules against plans to deport migrants who enter the UK illegally to Rwanda to claim asylum there.
Flights to Rwanda have been suspended since last June, when the European Court of Human Rights issued an injunction blocking the deportation of asylum seekers until such time as the legality of the policy was determined by the UK courts.
On Wednesday, the Supreme Court will announce whether it upholds a Court of Appeal ruling that the policy was unlawful because of the risk that asylum seekers sent to Rwanda would be returned to their own country and face persecution in breach of their human rights.
Ministers are said to be “pessimistic” about the outcome and believe the odds are 60-40 against the five Supreme Court judges backing the Government’s challenge to the Court of Appeal judgment.
Suella Braverman, the Home Secretary, has previously publicly declared her backing for the UK quitting the European Convention on Human Rights, describing Strasbourg judges as “politicised” and “interventionist” by “treading on the territory of national sovereignty”.
Suggestions that she might consider resigning on Wednesday if the Supreme Court rules against the policy were yesterday dismissed as “drivel” by a source close to her.
At least eight members of the Cabinet are thought to support quitting the European Convention on Human Rights, as well as a significant number of Tory MPs.
But Rishi Sunak is said by MPs to be “allergic” to such a move, which would split the party and could have a knock-on impact on relations with key allies including the EU and the US.
Home Office ministers and senior Tory MPs have, however, lobbied the Prime Minister to opt for a more targeted reform of the Human Rights Act that would disapply its provisions on illegal migration, allowing the Government to sidestep rulings by European judges.
Right-wing MPs led by Sir Bill Cash have previously pushed for such “notwithstanding” clauses that would direct British courts to ignore European Convention on Human Rights rulings in specific cases, such as when an illegal migrant requests to remain in the UK to preserve their right to a family life.
MPs believe No 10’s previous opposition to such a move may be softening. An ally of Mrs Braverman said: “It has been a long battle to get even what we did. Now they are saying that if we lose the Rwanda judgment, they might have that conversation.”
Mr Sunak has made “stopping the boats” one of his five key pledges to achieve before the next election. Downing Street believes the scale of the migration crisis is transforming thinking across Europe to recognise that Rwanda-style schemes offer an effective deterrent.
Jonathan Gullis, a former minister and a Red Wall MP, said he would support a “complete rewriting” of the Human Rights Act but would welcome disapplying illegal migration provided it was done “quickly so that we can then get the flights off as soon as possible”.
David Jones, a former Cabinet minister, said: “I would very much hope there would be recognition at last that there is no option but to legislate [to disapply the Act to illegal migration] and I hope that the Government would press on quickly with that.”
Around 500 migrants are thought to have crossed the Channel in 13 boats on Sunday, the first crossings for 10 days. If confirmed, it will take total number of people to have crossed so far this year past 27,000, some 30 per cent down on same point last year.
